EFFECTS OF LANDLORD AND TENANT RELATIONSHIP ON RESIDENTIAL PROPERTIESÂ (A CASE STUDY OF IKOT EKPENE LOCAL GOVERNMENT AREA, AKWA IBOM STATE)
CHAPTER ONE
INTRODUCTION
- BACKGROUND OF THE STUDY
Maintaining healthy landlord – tenant relationship in a residential property is a pre-requisite for societal advancement and growth. Good tenant employee relations back up by a comprehensive tenancy agreement and timely payment of rents are required for a cordial relationship to exist between the landlords and to also boost tenant satisfaction. Tenant relations generally deal with avoiding and resolving issues concerning residents living in a landlord property. These issues may relate to house rent, tenancy agreements, and may result in conflict if not properly managed (Salleh.2008). The relationship of landlord and tenant may be defined as the relationship that exists between parties to a lease. It usually arises when the owner of an estate grants, usually by means of contract the right to possession of his land or part of it, to another person to hold for a specific period of time. Such a grant is what is called a lease demise or tenancy. The period granted is the term or term of years. This relationship is one of tenure which means that it is for a period which is either subject to definite limits. As a rule, that landlord confers on the tenant the right to exclusive possession for a period which is subject to a definite time limit, as in the case of a lease for a term of years, or which though indefinite can be made subject to a definite limit by either party as in the case of a tenancy from year to year (Mohd, 2000). The relationship between tenants and landlord in Nigeria has reached a very significant stage in the modern day society in Nigeria, thus there is a need to know and review the effect of the relationship between the land and the tenant in residential properties. Reviewing this, also it is important for us to know the position as it exists between tenant and landlord in residential buildings prior to the legal evaluation of tenancy law in Nigeria. More importantly, it is also desirable for each party to know their right as guaranteed under the various applicable laws on the subject matter. This will ensure a peaceful co-existence between tenants and landlords in residential buildings. The orientation of the course is strongly practical to suit the relationship that co-exists between a tenant and a landlord in Nigeria. It will also examine the various perspective that relates to tenancy such as standard rent payable by the tenants, the rent review clause, option t review clause, rent book distress for rent profit. Further the course will also examine the compensation available for the use and occupation of the demised premises by the tenant consequent upon the termination of his tenancy. A lease establishes the relationship of landlord and tenant and is both conveyance of a possessory estate in real property and a contract between the parties. Through the lease, the tenant receives a right to legal possession of the property in exchange for ‘’valuable consideration’’ [that is rent] paid to the landlord. Most lease specify the duration of the agreement, any terms for extending the agreement and details regarding rent payment because a lease is both a conveyance and a contract, two set of duties between the landlord and the tenant arise; those that exist in relation to residential property laws, and those that arise due to the contractual promises of lease. Housing codes were established to ensure that residential rental units were habitable at the time of rental and during the tenancy. In Ikot Ekpene, housing violation of these rules may lead to eviction action or to the tenancy being allowed to with hold rent in some cases. The right to access of a residential property is also ensured by warranties which are prescribed by common and/or statutory law. A breach of the warranty of habitability or covenant within the lease may cause an eviction or allow the tenant to withhold. Rent so long as these obligations are not met by either party, this could be breach on the relationship that is binding by factors dependent on obligation to be fulfilled by the landlord and the tenant on his property.
- STATEMENT OF THE PROBLEM
The management of the residential properties by many estate owners, the landlords and caretakers in most developing countries, including Nigeria is often bedeviled by poor maintenance, high rentals and more often than not, tenants are unsatisfied with their dwelling unit. These factors plus poor or no tenancy agreement between landlord and tenants contribute toward the general decline of residential properties (Hegedus & Mark, 2004). Drafting of a comprehensive tenancy agreement requires the service of a competent lawyer, who will concisely spell out the duties and responsibilities of both the landlord and the tenant, is sometimes ignored by some landlord or not drafted at all. In the absent of comprehensive tenancy agreement, conflict and soar relationship between the landlord and the tenant may arise, when one party is not satisfied with the conduct of the other. The resultant derelict state of residential property sadly also incubates high vandalism rates which in turn further contribute to the high maintenance cost of residential properties. From previous research works, it has become clear that non fulfillment of obligations binding our relationships can have a drastic effect. For there to be a proper conveyance of title or right to occupy in the case of a residential property by a landlord to a tenant, they are obligations binding on both parties that must be met (Basorun,2012). This binding factor which is called ‘rent’ on the part of the tenant has a bigger effect as to whether it will last long or not. On the part of the landlord is the obligation to lease or withhold the property. Rent as to a survey conducted in 20ll by Dele Taiwo associates an estate management firm with offices round Nigeria. There are challenges posed by these factors. Challenges such as eviction withholding of a right to legal habitation of the property in exchange for ‘’valuable consideration’’ [that is rent] paid to the landlord has affected the relationship between the land and the tenant for various reasons ranging from non communication of position by the landlord in case of renovation or nonpayment of rent as at when due by the tenant. Most tenants especially in residential properties ignore their obligation to pay utility bills and other bill binding on them by virtue of occupying the property. All these have played a huge role in affecting the relationship between the landlord and the tenant especially in Ikot Ekpene.
- AIM/OBJECTIVES OF THE STUDY
The main aim of the study is to critically examine the effect of landlord and tenant relationship on residential property specific objectives of the study are;
